McNealy v. Becnel et al

Filing 341

ORDER AND REASONS granting 277 Motion for Summary Judgment; granting 280 Motion for Summary Judgment, all claims against the Local Union and USW International are hereby DISMISSED WITH PREJUDICE. FURTHER ORDERED that the Local Union's and USW International's requests for attorney's fees is DENIED. Signed by Judge Susie Morgan on 5/26/2017. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (clc)

Page 276
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA

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*

*

*

*

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*

*

*
*
NEWTON MCNEALY
*
*
VERSUS
*
*
DARRYL J. BECNEL, ET AL *
*
* * * * * * * * *

CIVIL ACTION NO.
2:14-cv-02181-SM-JCW
JUDGE SUSIE MORGAN
MAGISTRATE JUDGE
JOSEPH WILKINSON

VOLUME II
Continuation of the Videotaped
Deposition of NEWTON T. McNEALY, JR., taken on
Thursday, November 17, 2016, commencing at 8:59
a.m., in the offices of Robein, Urann, Spencer,
Picard & Cangemi, Attorneys at Law, 2540 Severn
Avenue, Suite 400, Metairie, Louisiana, 70002.

Page 277
1

I N D E X

2
3
Page
4
5
6

Caption
Index of Exhibits
Appearances
Agreement of Counsel

276
278
281
283

7
Examination
8
9

JULIE RICHARD-SPENCER, ESQ.
THOMAS J. McGOEY II, ESQ.
QUIANA M. HUNT, ESQ.

284
340
349

10
*

*

*

*

*

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25

Witness' Certificate
Reporter's Page
Certificate

368
369
370

Page 278
1

INDEX OF EXHIBITS

2
VOLUME I
3
Number

Page

1

February 6, 2014 Certified Return Receipt Requested Letter
from Tammy V. Troxclair, Human
Resources Associate Motiva to
Newton McNealy

145

8

2

4/30/3024 Separation Notice

146

9

3

Excerpt of Deposition of Newton T.
McNealy taken on January 17, 2014
in the matter filed with the
Office of Workers' Compensation
entitled Newton T. McNealy v.
Motiva Enterprises, LLC

147

4

5/5/2015 Letter from Zaida
Monconduit, Program Operations
Specialist, U.S. Equal
Employment Opportunity Commission
to Newton McNealy

168

5

Shell and Motiva Harassment Policy
April 2009

176

6

March 24, 2014 Handwritten letter
of intent by Newton McNealy to
appeal MetLife's decision
concerning claim and
February 6, 2012 Letter from
Mr. McNealy to MetLife
M-0332, M-0658

203

7

Plaintiff's Response to First Set
of Interrogatories

225

8

Plaintiff's Response to Admission

225

4
5
6
7

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25

Page 279
1

(Cont.)

INDEX OF EXHIBITS

2
3

Number

Page

9

Order of Approval and Dismissal
of Suit/Claim with Prejudice in
matter of Newton T. McNealy v
Motiva Enterprises, LLC filed
with the Office of Workers'
Compensation

227

10

Notice of Award by the Social
Security Administration,
Retirement, Survivors, and
Disability Insurance to Newton
W. McNealy, Jr.

228

11

Orientation Documents Checklist
for New Hire

238

12

September 4, 2012 Letter from
Randy Cavalier, Human Resources
Account Manager, Maintenance,
Motiva to Newton McNealy

239

4
5
6
7
8
9
10
11
12
13
14
15
16

VOLUME II
13

Plaintiff's Response to United
Steel Workers, Local Union's
First Set of Interrogatories,
Requests For Production of
Document and Request for
Admissions

337

14

April 12, 2011 Written Reminder
from Brandon Dufrene, Hard
Crafts Supervisor and Clay
Threadgill, Maintenance Team
Leader to Newton McNealy

341

15

March 25, 2011 News Article re:
Louisiana man arrested for
stealing cattle, Natchez,
Mississippi

342

17
18
19
20
21
22
23
24
25

Page 280
1

(Cont.)

INDEX OF EXHIBITS

2
3

Number

Page

4
16

Crime Reports: May 23, 2011
Natchez Police Department

344

17

Plaintiff's Fourth Amended and
Supplemental Complaint Request
for Trial by Jury

346

5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25

Page 281
1
2

APPEARANCES:
Representing the Plaintiff, Newton T.
McNealy, Jr.:

3

5

HUNT-CLARK LAW FIRM
Attorneys at Law
5727 St. Claude Avenue
New Orleans, Louisiana

6

BY:

4

70117

QUIANA M. HUNT, ESQ.

7
8

Representing the Defendants, USW Local 750 and
the International:

9
10
11

ROBEIN, URANN, SPENCER,
PICARD & CANGEMI, APLC
Attorneys at Law
2540 Severn Avenue, Suite 400
Metairie, Louisiana 70002

12
BY:
13

JULIE RICHARD-SPENCER, ESQ.
KEVIN R. MASON-SMITH, ESQ.

14
15
16
17

Representing the Defendants, Motiva
Enterprises, Shell Chemical, Shell Oil and
Saudi Refining:

19

LISKOW & LEWIS
Attorneys at Law
One Shell Square, Suite 5000
701 Poydras Street
New Orleans, Louisiana 70139

20

BY:

18

THOMAS J. McGOEY II, ESQ.
PHILIP R. DORE, ESQ.

21
22
23
24
25

Reported by:
KAY E. DONNELLY
Certified Court Reporter
State of Louisiana

Page 282
1

APPEARANCES: (Cont.)

2
ALSO PRESENT:
3
Representing Metropolitan Life:
4
5
6

ELKINS, PLC
Attorneys at Law
One Shell Square, Suite 5000
201 St. Charles Avenue, Suite 4400
New Orleans, Louisiana 70170

7
BY:

VIRGINIA N. RODDY, ESQ.

8
9
10

Stanley Price
Paralegal
Hunt-Clark Law Firm

11
12

Mark Ancalade
Videographer
US Legal Support

13
14
15
16
17
18
19
20
21
22
23
24
25

Reported by:
KAY E. DONNELLY
Certified Court Reporter
State of Louisiana

Page 283
1

S T I P U L A T I O N

2
3

It is stipulated and agreed by and among

4

counsel that the continuation of the videotaped

5

deposition of NEWTON T. McNEALY, JR., is hereby

6

being taken under the Federal Rules of Civil

7

Procedure in accordance with the Rules.

8
9

The formalities of sealing and
certification are hereby waived.

The witness

10

reserves the right to read and sign the

11

deposition.

12

of the discovery material shall retain the

13

original.

14

The party responsible for service

All objections, save those as to the form

15

of the questions, are hereby reserved until such

16

time as this deposition, or any part thereof,

17

may be used or sought to be used in evidence,

18

and are to be made in accordance with the

19

Federal Rules of Civil Procedure.

20

*

*

*

*

*

21

KAY E. DONNELLY, Certified Court Reporter,

22

in and for the State of Louisiana, officiated in

23

administering the oath to the witness.

24
25

Page 284
1

NEWTON T. McNEALY, JR., 39392 Highway 74,

2

Gonzales, Louisiana, 70737, after having been

3

first duly sworn, testified on his oath as

4

follows:

5

THE VIDEOGRAPHER:

6
7

We are now back on the Record.
time is 8:59.

8
9

The

And this is the beginning of Tape 1
to the continuation of the videotaped deposition

10

of Mr. Newton T. McNealy, Jr., on November the

11

17th, 2016.

12
13

I would ask Madam Court Reporter
would you please swear in the witness.

14
15
16

(Witness sworn.)
EXAMINATION BY MS. RICHARD-SPENCER:
Q.

So, Mr. McNealy, I'm going to pick up

17

with where I was yesterday, except I -- I'm

18

going to go back and just ask a few background

19

questions since it is a new day.

20

Yesterday you described for Mr. McGoey

21

medications that you had taken that day and that

22

you were un -- had in your system during that

23

deposition.

24
25

Did you take that same medication today?
A.

Yes, I did.

Page 285
1

Q.

Did you take any different medication?

2

A.

No, I did not.

3

Q.

All right.

Today do you feel able to

4

testify and to do so truthfully and to the best

5

of your recollection?

6

A.

A lot clearer than yesterday.

7

Q.

Okay.

8

Is there a reason why you are

a --

9

A.

Because --

10

Q.

-- lot --

11

A.

Because I -- my memory has been

12
13

refreshed on all the things that occurred.
Q.

Okay.

Thank you for telling me why you

14

feel a little clearer today.

15

that.

16

And I appreciate

Again, the same rules apply that as I

17

told you yesterday.

18

question or you need me to restate it or

19

rephrase it or you can't get context because I'm

20

moving around, please tell me and I will help

21

get you some context.

22

If you don't understand my

I want to make sure you understand my

23

question.

Is that okay?

24

A.

Yes.

25

Q.

All right.

Did you review any documents

Page 286
1

last night related to this case?

2

A.

No.

3

Q.

Did you talk to anyone last night other

4

than your Counsel about your deposition?

5

A.

Yes.

6

Q.

Did you -- what did you discuss with

7

I talked to several people.

them?

8

A.

The whole thing.

9

Q.

So, just what had happened?

10

A.

Yes.

11

Q.

The question -- some of the questions

12

you were asked?

13

A.

Yes.

14

Q.

Some of the answers you gave?

15

A.

Yes.

16

Q.

And I am sure you couldn't remember

17

everything?

18

A.

No.

19

Q.

But what you remembered, you talked to

20

them about?

21

A.

Right.

22

Q.

Okay.

I vented.
Did any individual tell you

23

anything that you should have said or should

24

have said differently?

25

A.

No.

Page 287
1
2

Q.

So, just a matter of you talking to

family or friends and, as you said, venting?

3

A.

Exactly.

4

Q.

Okay.

All right.

So, let's move

5

forward with where we were.

And I am going to

6

move back to just a few general questions about

7

your regular schedule.

8

Your normal schedule, when you were not

9

on a turnaround, I know that you have described

10

you were 7a to 3:30 p.m.; is that correct?

11

A.

On a normal schedule.

12

Q.

And did you work Monday through Friday?

13

A.

Yes.

14

Q.

Did you have to on occasion work

15

overtime, even on your normal schedule?

16

A.

Frequently.

17

Q.

And is that -- would you be held over at

18

the end of your schedule?

19

A.

Exactly.

20

Q.

Were you ever called out?

21

A.

Yes.

22

Q.

And you were paid the minimum callout

23

pay or however long you were called out?

24

A.

Right.

25

Q.

So, you never had any complaints that

Page 288
1

you were improperly called out or improperly

2

paid for callouts?

3

A.

No.

4

Q.

And you never had any complaints that

5

you were forced to work overtime improperly?

6

A.

No.

7

Q.

Did you volunteer for overtime?

8

A.

Yes, I did.

9

Q.

You said earlier you wanted overtime?

10

A.

Somewhat, yes.

11

Q.

Overtime means more money?

12

A.

Right.

13

Q.

Okay.

14

Did you -- you mentioned that you

worked -- that there were 30 Motiva machinists.

15

A.

Approximately.

16

Q.

About.

17

machinists?

18

A.

No.

19

Q.

So, was there a certain group that you

20

Did you work with all of those

worked with?

21

A.

Yes.

22

Q.

Who was in that group that you regularly

23

worked with?

24

your regular workgroup.

25

A.

Not on the turnaround, but just

It consisted of guys mainly of lesser

Page 289
1

seniority.

2

Q.

Do you remember their names?

3

A.

No, not to -- Reevus.

4

Gerard.

5

Robert Reevus,

name.

6

I can't think of the Gerard's last

It has been so long.

I can't think of

7

names.

8

can look at the list -- that list and see.

9

But if you put a list in front of me, I

But they were the guys that -- that they

10

were mainly less senior, less experienced, less

11

knowledgeable.

12

forced to work overtime.

13
14

Q.

Because the senior guys weren't

So, this is -- you are talking about

when you were working overtime?

15

A.

Right.

16

Q.

Did you have -- how did it work -- did

17

you have a partner that you were assigned to

18

regularly, not on the turnaround, or did you

19

work independently?

20

A.

Because of the structure of the

21

workload, anybody could be my partner.

22

number of those guys could be my work partner.

23

But the senior guys paired off with one guy

24

specifically.

25

Q.

Any

Did the senior guys pair off with

Page 290
1

someone less senior?

2

A.

No.

3

Q.

Not necessarily that way?

4

A.

They paired off with who they wanted to.

5

Q.

Did you have someone who you typically

6

paired off with?

7

A.

No.

8

Q.

Did you -- you -- you mentioned that you

9

knew Ivory -- I'm sorry.

10

last name -- Ivory Brown.

11

him well?

12

A.

I -- I worked with him on occasions.

13

Q.

Did you work well with him?

14

A.

Yes.

15

Q.

Did he ever do or say anything to you

16

I'm forgetting his
But you didn't know

that you considered discriminatory?

17

A.

No.

18

Q.

How did you get your work assignments?

19

A.

They were handed out in the morning

20

immediately after a brief meeting.

21

Safety

meeting, safety huddle.

22

Q.

Who would hand them out?

23

A.

To me, Clay Threadgill.

24

Q.

Can we agree that work assignments were

25

determined by Management employees or Staff

Page 291
1

employees?

2

A.

Yes.

3

Q.

So, the Union did not play a role in

4

making work assignments, did they?

5

A.

Not visually, no.

6

Q.

You don't have any evidence that any

7

Union officer ever decided who would get a

8

particular work assignment, do you?

9

A.

I don't have proof of it, but -- no.

10

Q.

Okay.

11
12
13

All right.

Was the Union steward

in your work area?
A.

They didn't have one directly, but Steve

Hernandez was -- was a part of that group.

14

Q.

I --

15

A.

I don't know.

16

around.

17

Q.

He moved

there.

18

I don't know.

He had different responsibilities in

At one -- I -- I'm sorry.

I can't

19

remember if you said this or if I read it.

20

if I ask you if you said and you don't remember

21

saying it, correct me.

22
23

So

Did you say, at one point, that you
thought Steve Hernandez was a trustee?

24

A.

Yes, at one time.

25

position.

That is an elected

Page 292
1
2

Q.

Do you know what trustees in the Union

do specifically?

3

A.

No.

4

Q.

You also said, at one point, you thought

5

he was a steward?

6

A.

Right.

7

Q.

Do you know what stewards do?

8

A.

Yes.

9

Q.

Tell me what a steward does.

10

A.

Sit in on meetings representing the

11
12
13

employees, gathering the facts, stuff like that.
Q.

Had you ever talked to Steve Hernandez

about issues in your workplace?

14

A.

Yes.

15

Q.

When did you do that?

16

A.

Steve Hernandez worked with me for

17

several -- all the -- the entire time I was

18

there.

19

Motiva at the same time.

20

He and I took that lateral move to

He wasn't on that list I noticed the

21

other day.

Yesterday when you all showed it to

22

me as an -- he -- he -- he had -- he had ears to

23

hear what was going on.

24

was happening, but he was helpless to do

25

anything about it.

And he understood what

Page 293
1

Q.

Why do you say he was helpless?

2

A.

He is just like Bill LeBoeuf in the

3

investigation when he said, "I saw him wrapped

4

up in that truck at 3:30 a.m., but I didn't want

5

to get involved."

6

Q.

So, that is what Mr. LeBoeuf said?

7

A.

That is right.

8

everything felt.

9

involved.

10

Q.

And that is how

11

They didn't want to get

Did Mr. Hernandez tell you that he

didn't want to get involved?

12

A.

His action told me.

13

Q.

So, you --

14

A.

He took no action.

15

Q.

So, you made that conclusion from what

16
17

you saw him fail to do?
A.

18

I made.

19

No.

I saw him.

It wasn't a conclusion

behalf.

20
21
22

Q.

He did not take any actions in my

Well, he did call you on the phone when

you were wrapped to check on you.
A.

Because Marty Poche told him.

They --

23

they -- they order -- they can only do what is

24

they are told to do.

25

Q.

Okay.

So when the phone -- you said

Page 294
1

your phone vibrated and you knew.

2

find out that it was Mr. Hernandez?

3
4
5
6

Did you later

A.

I knew it immediately once I looked at

Q.

Okay.

it.
So when you looked at it, his

name was on your phone?

7

A.

It -- it -- right.

8

Q.

Did you answer the phone?

9

A.

Yes, I did.

10

Q.

Tell me what you said to him and what he

11
12
13

I had to.

said to you.
A.

I couldn't say nothing.

I was just

coming up out of a coma.

14

Q.

Okay.

And so what did he say to you?

15

A.

He said, "Marty said clean that mess up

16

before somebody takes a picture of it.

17

up now before somebody takes a picture of it."

18

Q.

All right.

Clean it

And we will get back to that

19

interaction between you and Mr. Poche in a

20

minute.

21

A.

22

that truck.

23

-- from a distance and from a phone call not

24

knowing if I was dead or alive in there.

25

They both came and saw me wrapped up in
And they didn't approach it.

They

That is the Union that I paid dues to

Page 295
1

every month for that type of protection and they

2

did nothing.

3

Q.

So, you said --

4

A.

This reoccurring nightmare is going to

5

stop today.

6

Q.

7

Somebody has going to learn.

Sir, I'm just going to ask you

questions --

8

A.

Go ahead with the questions --

9

Q.

-- and ask --

10

A.

-- ma'am.

Because you are the first

11

person I heard from once I filed that complaint

12

in protection of the Company and the Union and

13

all the other defendants.

14

I just remembered who you were when I

15

left here.

16

and defended them.

17

for protection, and you, the Union lawyer, are

18

defending -- defender of the Union and everybody

19

else.

20
21
22
23
24
25

You are the first one to popped up
I paid dues to that Union

I didn't realize who you were until I
left here yesterday.
Q.

I've always told you that I'm the

attorney for the Union, haven't I, sir?
A.

That is right.

And you are the number

one person to pop their head up and defend this

Page 296
1

whole lawsuit.

2

Q.

You filed this lawsuit?

3

A.

I filed it.

4

Q.

Okay.

5

Do you understand that the Union

is going to defend the lawsuit?

6

A.

They got to because -- listen --

7

Q.

Okay.

8

A.

But I paid dues.

They should have been

9

defending me the whole time instead of silencing

10

me and making sure -- my case was never heard on

11

the first level.

12

They silenced me.

13

this meeting.

14

"Don't say nothing in

Let's talk about attendance and

go on."

15

Q.

Are you ready to answer my questions?

16

A.

Absolutely.

17

Q.

Okay.

So you said that -- I want to go

18

back to the incident where you were hit -- hit

19

with the -- with the crane box.

20

your testimony yesterday about that incident?

Do you recall

21

A.

Every bit of it.

22

Q.

You said --

23

A.

I recall it often.

24

Q.

Sir, I'm going to need you to answer my

25

questions.

Page 297
1

A.

Okay.

Okay.

2

Q.

You said yesterday that you talked to a

3

contractor after it happened.

4

distance, he said that he saw what was happening

5

and that he thought it was intentional.

6
7

A.

You said from a

That contractor made one statement, "I

will be your witness, if you need one."

8

Q.

Okay.

9

A.

And I didn't say anything back to him.

10

I couldn't.

11

Q.

All right.

12

A.

I'm dazed and walking out of the shop at

13
14
15

that time when I heard that.
Q.

Do you remember what that contractor

looked like?

16

A.

He was a younger guy working for Sulzer.

17

Q.

Was he -- do you remember whether he was

18

Caucasian or --

19

A.

He --

20

Q.

-- African-American?

21

A.

Everybody on that shift except for me

22
23
24
25

were Caucasian.
Q.

All right.

Do you remember was he

heavy-set or thin?
A.

I didn't even get a good look at him.

Page 298
1

Thin.

Kind of slender guy.

2

know.

3

been hit -- vision and everything was blurred.

4

I really don't know.

I don't

Q.

At that time, I

Do you -- do I understand right that

5

that is the only time that he said anything to

6

you?

7

A.

I think the next day he wanted to know

8

did I -- "Were you -- were you wrapped in that

9

truck?"

10

Q.

Okay.

But I am talking about getting

11

hit in the head.

12

same day?

13

A.

Did he talk to you later that

He didn't say a word about that.

14

this was in passing and from of distance.

15

All of

Hollering almost.

16

Q.

All right.

17

A.

I didn't have a direct conversation with

18

that guy.

19

Q.

So -- but you said you -- did you talk

20

-- did you -- he said two things to you.

First,

21

"I will be your witness," and then later, he

22

hollered something to you from a distance?

23

A.

Yes.

24

Q.

Was it the same man?

25

A.

It -- it -- it may have been the same

Page 299
1

man.

I -- like I said, when I got hit,

2

everything stopped.

3

hearing was off.

4

My vision was blurred.

My

I -- my thing was just get to the safe

5

spot out of harm's way because nobody there was

6

going to help me or protect me.

7

Q.

I don't know if you were asked

8

yesterday.

9

else in the shop who was a Motiva or a Shell

Do you remember if there was anybody

10

employee?

11

A.

I can't remember.

12

Q.

Do you remember if Marty Poche was in

13

No, I don't know.

the shop when that --

14

A.

Definitely --

15

Q.

-- happened?

16

A.

-- not.

17

Q.

"Not" you said?

18

A.

Yes.

19

Q.

Okay.

20

A.

That was 11:30 at night.

21
22

Marty Poche

don't come to work until at 5:30 in the morning.
Q.

So if in -- if in one of your complaints

23

it alleges that Marty Poche was there and

24

witnessed the incident, that is incorrect?

25

A.

That is absolutely incorrect, and I

Page 300
1
2
3

never said it.
Q.

Did you -- do you -- did you review the

complaints before they were filed, sir?

4

A.

No.

5

Q.

Okay.

Now, you said that the reason the

6

Sulzer employees were there is because they were

7

waiting for some of that equipment?

8

A.

Yes.

9

Q.

To be able to perform the tasks they

10

were being asked to perform?

11

A.

That -- that is right.

12

Q.

So, did the Sulzer employees stay in

13

that area throughout the day or where --

14

A.

No.

15

Q.

-- did they go?

16

A.

No.

They went -- they were -- they were

17

-- they went to the -- the compressor they was

18

rebuilding.

19

Q.

And -- and did they have -- were they --

20

did they have occasions to come back to the

21

shop, if you know?

22

A.

23

needed to.

24

Q.

25

They had occasions to come back if

All right.

So, were they sort of

centered out of the same shop that you all were

Page 301
1

for purposes of performing that project?

2

A.

3

parts.

4

Q.

5
6

No.

They just were there to pick up

And so if they needed to pick up other

parts, they would come back to that same shop?
A.

That is right.

And immediately after

7

this turnaround, they put signs in that shop,

8

all over that shop, "no contractors allowed."

9
10
11

Q.

And then the contractors had to use the

contractor tent?
A.

What -- whatever they brought with them.

12

That was the only shelter they had.

They made

13

sure that they didn't have access to that

14

central shop anymore after those incidents

15

happened.

16

Q.

Well, do you know, sir, if that has long

17

been an issue between -- a Union/Management

18

issue that contractors not be in the shops used

19

by Bargaining Unit employees?

20

A.

Look, that was never enforced.

21

Contractors are in there all the time until that

22

happened.

23

Q.

So, you are saying that the reason

24

contractors were moved out of our Bargaining

25

Unit facility shops and into contractor tents

Page 302
1

was because of this incident?

2

A.

That is right.

It was --

3

Q.

Okay.

4

A.

It was enforced.

Because they --

5

because they were a good witness.

6

witness, and it was about six to 12 guys

7

standing there.

8
9

Q.

They did

When you met with Management, did you

tell them -- to tell them about what had

10

happened and you getting hit in the head, did

11

you tell them that those contractors had been

12

present?

13

A.

14

officials.

15

Q.

Okay.

16

A.

"Don't say nothing."

17
18

Look, I was silenced by your Union

I understand.
Now is my time to

talk.
Q.

You said that when you were wrapped in

19

the vehicle, you couldn't distinguish time, that

20

five hours seemed --

21

A.

That is --

22

Q.

-- like five minutes?

23

A.

That -- after -- after the fact, that

24
25

five hours was like five minutes.
Q.

Okay.

So after the incident happened

Page 303
1

and you got the phone call -- and you got the

2

phone call from Mr. Hernandez, you got out of

3

the vehicle and you cleaned the vehicle; is that

4

correct?

5

A.

As best I could.

6

Q.

And then you went into the shop?

7

A.

Yes.

8

Q.

And when you went into the shop, you had

9

a conversation.

Mr. Poche was there?

10

A.

Exactly.

11

Q.

And you had a conversation with him?

12

A.

Yes.

13

Q.

And he told you that even before he got

14

there that day, he had received five complaints

15

about you; is that correct?

16

A.

17

had that.

18

Q.

Can you --

19

A.

He told that lie, but it wasn't true.

20

Q.

Okay.

21

A.

You ain't got five different people on

22

that crew.

23

complaints?

24

Q.

25

He should have came right to me, if he
He told --

How could it be five different

So, you don't agree that that happened.

But he did tell you that --

Page 304
1

A.

He did --

2

Q.

-- happened?

3

A.

-- tell me that.

And while I was trying

4

to explain to him I got hit in the head, he was

5

ignoring my plea for help.

6

Q.

Did you ask him to file a grievance?

7

A.

Listen, he saw me wrapped in the truck.

8

Why should I have to ask him anything?

9

Q.

10

him to --

11

A.

I asked --

12

Q.

-- file a --

13

A.

-- him for --

14

Q.

-- grievance?

15

A.

-- help.

16

Q.

What did you specifically ask him to do

17
18
19
20

Can you answer my question?

Did you ask

for you?
A.

I said, "Listen" -- and then Pat Meche

showed up right away.
I said, "Listen.

One of three of these

21

guys hit me with that crane."

22

at that time, I was thinking it was Pat Meche.

23

And I thought --

But if he couldn't see that was the

24

grievance -- that was the complaint right there.

25

And he saw it himself and didn't -- he chose to

Page 305
1

do nothing about it.

2

Ignored it.

I should have been brought to medical or

3

somewhere after I told him I had a head -- I --

4

I had been -- had a blow upside the head with

5

that crane.

6

Q.

7

You are --

and I want to be sure I understand.

8
9

So, I will ask you again.

You didn't ask him to file a grievance
for you?

10

MS. HUNT:

11

Objection.

12

Asked and answered.

MS. RICHARD-SPENCER:

13

It was not answered.

He has never

14

answered the question.

15

EXAMINATION BY MS. RICHARD-SPENCER:

16

Q.

17

grievance?

18

A.

19

You did not ask him to file the

In those exact words -- he saw me in

pain and agony.

20

Q.

21

you --

22

A.

What more can I do?

23
24
25

I need you to answer my question.

Did

I -- how can I -- what -- what -- I

need -MS. RICHARD-SPENCER:
Can you ask him --

Page 306
1

THE WITNESS:

2

-- to put it in writing?

3

MS. HUNT:

4

He said he asked for help.

5

MS. RICHARD-SPENCER:

6

That is --

7

THE WITNESS:

8

That is right.

9

MS. RICHARD-SPENCER:

10

-- not --

11

MS. HUNT:

12

He didn't use those words, but he --

13

MS. RICHARD-SPENCER:

14

It is not the same thing.

15

MS. HUNT:

16

-- asked for help.

17

MS. RICHARD-SPENCER:

18
19

And I'm -- and I need to clarify.
EXAMINATION BY MS. RICHARD-SPENCER:

20

Q.

Did you ask him to file a grievance?

21

A.

What -- I mean, what -- yeah, I -- he --

22
23

he knew I was in -- in destitute.
Q.

You still haven't answered my question,

24

so we will try it a different way.

25

did you ask him to do for you?

What -- what

Page 307
1

A.

I needed protection against the

2

harassment.

3

Q.

I know that is what you needed.

Did you

4

say to Mr. Poche, "I need protection against

5

harassment"?

6

A.

Look, I'm just right out of a -- a -- in

7

and out of consciousness.

What do you think --

8

I don't know what I asked him.

9

what I didn't ask him.

I don't know

10

Q.

I understand that.

11

A.

He saw the distress and ignored it.

12

Q.

Did Mr. Poche tell you that if

13

Management had come upon you in that truck, they

14

would have fired you because they would have

15

thought you were sleeping on the job?

16

A.

That is speculation.

17

Q.

No.

18

A.

With shaving --

19

Q.

-- that?

20

A.

-- cream all over there and all that?

I am asking:

They don't know.

Did he tell you --

21

They -- they -- they looked at -- they should

22

have looked at that as, "Hey, something silly is

23

going on here."

24
25

Q.

I understand that is how you feel.
My question is:

What did Mr. Poche say

Page 308
1
2
3
4
5

to you?
A.

Did he say -I don't remember exactly what he said.

It didn't matter at that time.
Q.

Did you ask anyone to take you to

Medical?

6

A.

At that time, Medical wasn't even open.

7

Q.

Can you answer my question?

8

A.

No.

9

Q.

Did you ask --

10

A.

No.

11

Q.

Did you ask anyone to take you to the

12

hospital?

13

A.

No, I did not.

14

Q.

Did you ask anyone to take you to an

15
16
17
18

I couldn't.

Urgent Care facility?
A.

And that -- at that state, I didn't -- I

wasn't even thinking properly.
Q.

All right.

So, at some point in this

19

process -- and I am not sure when, and so I

20

would like you to help me figure that out -- you

21

went and talked to Armond Thomatis about what

22

was happening, about the fact that they were --

23

that they were playing pranks on you?

24

A.

I did not go.

25

Thomatis.

I did not seek out Armond

He just happened to be there on a

Page 309
1
2
3

four-hour callout one night as an electrician.
Q.

Do you remember when that was in

relation to the things --

4

A.

That was --

5

Q.

-- that happened?

6

A.

-- before all this stuff happened.

They

7

had ample time to stop playing.

8

every -- all five of them and told them, "This

9

man don't want to play.

10

Q.

All right.

12

A.

It is over with:

13

continued.

14

Q.

You all stop playing

with him."

11

He went to

15

And he -- he

So, let's back up.

I want to talk about

your conversation with Mr. Thomatis.

16
17

So what --

You said he was on a four-hour callout,
and you just sort of happened to see him?

18

A.

Exactly.

19

Q.

And so did you and he have a

20

conversation?

21

A.

Yes.

22

Q.

Tell me, as best you can remember, what

23
24
25

you and he discussed.
A.
hazing.

The harassment.

The -- the -- the

The -- the treatment.

The

Page 310
1

mistreatment.

2

Q.

So --

3

A.

And the games they were playing.

4

Q.

So, you said it was before -- I just

5

want to be sure.

You said it was before the

6

crane incident and the wrapping of the Saran

7

wrap?

8

A.

That is right.

9

Q.

And it was before Mr. Louque touched you

10

on the butt, is that correct, or put the antenna

11

in your butt area, is that correct?

12

A.

It was --

13

Q.

Was it before all of that happened, sir?

14

A.

It was before every bit of it.

15

Q.

Okay.

16

So, do you need to take a break,

sir?

17

A.

No.

18

Q.

Okay.

So, you had the conversation with

19

Mr. Thomatis and you described for him things

20

that were happening.

21

Are those the other things that you have

22

described, like your heel being missing off of

23

your boot, your --

24

A.

It is a lot of things.

25

Q.

-- goggles --

Page 311
1

A.

I can't --

2

Q.

-- and --

3

A.

-- even remember.

It was so much.

It

4

was piling up, and that should have put a stop

5

to it right then.

6

official that talked to all of those guys.

7

Q.

And there was a Union

So, let's back up.

8

So, you made the -- you made -- raised

9

the issue with Mr. Thomatis, and you asked him

10

to do something, to go and try to stop the

11

behavior?

12

A.

That is right.

13

Q.

Okay.

14

A.

-- of it.

15

Q.

So, Mr. Thomatis, you said, went and

16

He was aware --

He was made aware of it.

talked to the men?

17

A.

That is right.

18

Q.

How do you --

19

A.

Each and every one.

20

Q.

-- know that that happened?

21
22

you he did it?
A.

He --

Did he tell

Or --

He came back to me and reported to me

23

saying that "All is going to stop, man.

24

be better now.

25

problem anymore."

It will

You -- you won't have that

Page 312
1

Q.

All right.

2

A.

And it got worse.

3

Q.

So, he came back and told you, "I talked

4

to them"?

5

A.

Right.

6

Q.

Did he tell you who he talked to?

7

A.

All five of them: George, David, Matt,

8

Pat Meche.

9

Q.

All of them.

All right.

So, those are the ones you

10

can remember that he told you he specifically

11

talked to?

12

A.

Right.

13

Q.

And he told you that -- did he tell you

14
15

what he told them?
A.

He told -- he say he told them, "The man

16

don't want to play.

17

him."

That is what he told me he -- he told

18

them.

One of the things.

19

Q.

You all stop playing with

Did you think that Mr. Thomatis was

20

sincere in trying to stop them from -- and to

21

use the word he used -- playing with you?

22

A.

As best as possible.

He happened to be

23

an African -- he happened to be an

24

African-American.

25

to him.

They wasn't going to listen

Page 313
1

Q.

And so when Mr. Thomatis came back to

2

you and reported this, you were -- were you

3

hopeful that it would improve?

4

A.

5

worse.

6

Q.

7
8

I kind of knew it wasn't, but it got

All right.

Did you ever reach out to

try to talk to Mr. Thomatis again?
A.

No.

There is no way.

I am working 7:00

9

to 7:00 a.m.

Them people don't go to work until

10

7:00 to 3:30.

11

time they get to work, I'm leaving.

12

of that, I couldn't -- and nothing could be

13

followed up on.

It is over -- you know, by the
That -- all

14

Q.

Did you ever try to call Mr. Thomatis?

15

A.

I don't have -- I didn't have their

16

numbers and stuff.

17

-- I never spoke to him over the phone, really.

18
19

Q.

And I didn't talk to him on

Did you ever go -- try to go to the --

did you know that the Union had a website?

20

A.

No.

21

Q.

And so you didn't ever attempt to go

22
23

there to try to communicate with Mr. Thomatis?
A.

No.

I don't -- and I never heard

24

anybody talk about speaking to the Union on a

25

website.

Page 314
1

Q.

Did you -- and you are saying you didn't

2

have Mr. Thomatis' phone number, so you couldn't

3

-- you didn't --

4

A.

Absolutely --

5

Q.

-- know how to reach him?

6

A.

-- not.

7

Q.

So, I want to understand.

From that

8

conversation with Mr. Thomatis, are you saying

9

you don't ever remember talking to him again?

10

A.

Never.

11

Q.

So even when you were out of work, you

12

don't have any recollection of --

13

A.

Never.

14

Q.

-- speaking to him?

15

Now, I know that yesterday you were very

16

emphatic that you don't ever have any -- you

17

have no recollection of ever sleeping on the

18

job.

19

Do you ever recall Mr. Poche, before any

20

of this happened, coming to you and telling you

21

that your co-workers were complaining to him

22

that you were sleeping on the job?

23

A.

No.

24

Q.

Do you have any recollection of Mr.

25

Poche coming to you before any of this stuff

Page 315
1

happened and telling you that your -- whether it

2

was true or not that, your co-employees were

3

saying that you would disappear?

4

A.

No.

5

Q.

So, you have no recollection of any of

6

those conversations if they occurred?

7

A.

No.

8

Q.

All right.

9
10

Let's talk about the

communications or the times when you went in
with the Company.

11

Do you remember that there were -- that

12

there were multiple meetings that you attended

13

with Management in the mid part of November?

14

A.

I don't remember that.

15

Q.

All right.

16

Well, let's try to go

through individually.

17

Do you remember that there was a meeting

18

that you had with Mr. Munce and Mr. Dufrene

19

where it was just you and the two of them, no

20

Union representative was present?

21

A.

Never happened.

22

Q.

You don't remember that meeting?

23

A.

That never happened.

24

Q.

All right.

25

So, you don't have a

recollection of having that --

Page 316
1

A.

As far --

2

Q.

-- meeting?

3

A.

As far as I'm concerned, it never

4

happened.

5

Q.

Okay.

Do you recall if you had a

6

meeting with Management where they called you in

7

and Mr. Ledet was present with you and Mary

8

Snyder was present, the HR representative?

9

A.

I don't recall.

10

Q.

All right.

Do you remember that there

11

was a meeting that you had with Management where

12

you were -- where you raised the things that

13

were happening, and you outlined what had

14

happened to you and what you had experienced?

15

A.

About these things that happened in

16

November?

17

Q.

Yes.

18

A.

No, it never happened.

19

Q.

Okay.

So if Mr. Ledet has notes from

20

meetings that he attended with you where you

21

outlined the incident involving the crane box,

22

the incident involving the Saran wrap, the

23

incident involving Mr. Louque, you are -- you

24

don't recall that happening, that meeting?

25

A.

No.

Page 317
1

Q.

Now, you have testified --

2

A.

Do you -- do you know what date that

3
4

was?
Q.

Yes.

November the 14th.

Does that

5

sound right to you, that you would have had a

6

meeting on November the 14th?

7

work.

8
9
10

You were not at

You came in to attend this meeting in HR.

A.

I must have been heavily medicated if

that happened.
Q.

And -- and you did tell us that that was

11

a particularly difficult time for you.

And I

12

know that you have said already that your recall

13

is -- that is some difficulty for you, is

14

recall.

15

If Mr. Ledet has notes that reflect what

16

was said, do you have any reason to believe that

17

you wouldn't have attended that meeting?

18

MS. HUNT:

19
20

Objection.

Calls for speculation and he --

21

MS. RICHARD-SPENCER:

22
23
24
25

Asked and answered.

I will try it a different way.
EXAMINATION BY MS. RICHARD-SPENCER:
Q.

Do you remember if -- can you even

remember if you attended more than one meeting

Page 318
1

in November?

2

A.

More than one?

3

Q.

With -- with Management.

4

A.

It depends on who you considered

5

Management.

6

had a meeting with George Kestler and Perry

7

Munce.

8

Q.

Okay.

9

A.

And that wasn't a meeting.

10

Q.

-- meeting?

11

A.

That was a tongue-lashing.

12

Q.

All right.

13

A.

And I -- and I had a meeting with David

I had a meeting with -- I know I

So, you had that --

14

Naquin and Brandon Dufrene.

15

only two meetings I recall.

16
17

Q.

Okay.

And those are the

And in those meetings was Mr.

Ledet present?

18

A.

Neither one of them.

19

Q.

To your recollection, in neither of

20

them?

21

A.

I know he wasn't there.

22

Q.

Okay.

Now, do you remember having any

23

meetings after that where Human Resources was

24

present?

25

A.

Not after that at all because I -- it

Page 319
1

couldn't have been because I didn't even show

2

back up until February the 29th.

3

Q.

Do you recall that on February the 29th

4

when you returned to work, you were told by the

5

Union represent -- you were met by the Union

6

representative when you were brought to the

7

front office?

8

A.

Exactly.

9

Q.

And he met you outside, Mr. Ledet?

10

A.

Right.

11

Q.

And did he tell you that he anticipated

12
13

I remember that.

that the Company was going to discipline you?
A.

He didn't say anything about discipline

14

and all of that about anything.

15

stressed one time -- one thing and one thing

16

only, "Now is not the time to -- to fight.

17

Don't say nothing."

18

Q.

He said -- he

Did he say to you, "We are not going to

19

say anything in this meeting at all.

20

We are

just going to listen"?

21

A.

He told me, "Don't say nothing."

22

Q.

Now, you --

23

A.

"Now, is not the time to fight."

And

24

that is all that little 30-second meeting, you

25

are calling a meeting, was about.

Page 320
1
2
3

Q.

So, you did speak in that meeting

despite what he told you?
A.

I spoke about attendance.

What they

4

brought up, I tried to answer their questions as

5

best as possible.

6

Q.

You also told them in that meeting,

7

didn't you -- do you remember that you had these

8

concerns, some of the same ones you have

9

expressed yesterday, that you were afraid to go

10

back to work, that you thought somebody might

11

try to hurt you?

12

meeting, do you remember that?

13
14
15

A.

You said that during that

Oh, I said that.

I remember saying

that.
Q.

And you told them that you had concerns

16

about the fact that your co-worker -- no one in

17

the shop had talked to you that day.

18

A.

Exactly.

19

Q.

So you spoke during that meeting about a

20
21

number of issues.
A.

And -- yes, but never nothing -- and the

22

-- and the meeting began where we are not going

23

to discuss anything about those events that

24

happened in November.

25

Q.

Isn't one of the first things they said

Page 321
1

to you in that meeting, "We investigated the

2

complaints that you have made and we have taken

3

action against parties"?

4

A.

I don't remember saying that.

5

Q.

All right.

Do you remember at the end

6

of that meeting you were not disciplined; is

7

that correct?

8

A.

No.

9

Q.

So, you were never disciplined related

10

to any of these events; is that correct?

11

A.

They -- they -- they spoke -- they --

12

the investigation talked about being

13

disciplined, but it never -- I never received

14

it.

15
16

Q.

That is exactly what I was trying to ask

you.

17

I know you have seen the investigation

18

report.

And it says that you got a written

19

reminder, but you never actually got that?

20

A.

No.

21

Q.

Okay.

22

A.

When I was taken to the front office by

23

Brandon Dufrene, I was -- I was under the

24

impression that I was -- because my doctor had

25

asked that I be transferred out of that hostile

Page 322
1

work environment.

2

And I was under the impression that they

3

were going to give me a transfer in that

4

meeting.

But, instead, I got a tongue-lashing.

5

And you put me back in the same

6

environment, just a different supervisor, Ivory

7

Brown, and -- and showing the racist epithet and

8

-- and the discrimination and the -- and that

9

was going to make it better.

10

Q.

And that --

11

A.

But I was expecting a -- a transfer out

12

of that shop completely.

13

Q.

In that meeting, did you ask them for --

14

A.

That is what I expected --

15

Q.

-- a transfer?

16

A.

-- when I was going there.

That -- that

17

-- I -- listen, I didn't say anything because

18

they --

19

Q.

Okay.

20

A.

They had all the cards.

I was told,

21

"Don't say nothing."

22

the matter, as far I am concerned.

23

Q.

I didn't have a voice in

Who -- do you remember who spoke for the

24

Company in that meeting, in that February

25

meeting?

Page 323
1

A.

I don't -- I don't remember.

It might

2

have been Cavalier or Steve France, one of them

3

two.

4

Mary Snyder didn't say very much of anything.

5
6

I don't remember.

Q.

Okay.

It was a male figure.

So, one of the men from Human

Resources spoke?

7

A.

Right.

8

Q.

Okay.

9

Did you know that the Company had

a hotline where you could complain to someone at

10

Corporate office and go over the heads of

11

everyone in Norco?

12

A.

At the time, I'm getting busted upside

13

the head.

14

hotline?

You think I'm thinking about a

15

Q.

That -- I -- I understand.

16

A.

I know at no -- at no time did that even

17

cross my mind.

18

orientation, but it never crossed my mind or

19

came up ever again.

20
21

Q.

I -- I remembered that from

So, let me make sure I understand.

knew about it at some point, but --

22

A.

At some point --

23

Q.

-- you didn't think about it at --

24

A.

-- but in the --

25

Q.

-- the time?

You

Page 324
1
2

A.

-- in the heat of the moment, I would --

I didn't even think about it.

3

Q.

Okay.

4

A.

Even the site supervisor, I didn't think

5

about them.

6

Q.

Now, at some point in time, you received

7

the notice from the Company that you were being

8

separated from the Company because you were

9

physically unable to return to work?

10

A.

Yes, at some point in time.

11

Q.

When that occurred, did you contact

12
13

anyone from the Union about that separation?
A.

No.

I didn't have -- at that time, I

14

had disconnected all the phone numbers, changed

15

phones.

16

Q.

I didn't have no contact there.
So, you didn't -- you didn't speak to

17

Mr. Poche about the fact that you had been

18

separated?

19

A.

No.

20

Q.

Or Mr. Thomatis?

21

A.

No.

22

Q.

Or Mr. Ledet?

23

A.

No, I did not.

24

Q.

Okay.

25

Now, you have also sued the

International Union, as part of this case.

And

Page 325
1

so I have a few questions for you about whether

2

you made any efforts to reach out to those

3

folks.

4
5
6

Did you ever attempt to contact the
International Union in Pittsburgh?
A.

I have no idea how that -- that -- that

7

-- that Union operated in that place like an

8

entity owned by Shell.

9

Q.

10

didn't --

11

A.

And don't even --

12

Q.

-- contact --

13

A.

-- know how or where or what about no

14

So the answer is that, no, that you

International -- no -- no location anywhere.

15

Q.

16

grievance?

17

A.

No.

18

Q.

Okay.

19

Do you know -- did you ever file a

Did you ever know anyone or have

a friend who filed a grievance?

20

A.

No.

21

Q.

So, you didn't understand exactly how

22

that process worked when a grievance was filed?

23

A.

No.

24

Q.

Do you know or have any evidence that

25

the International plays any role in grievance

Page 326
1
2
3
4

filing?
A.

I don't know nothing about the

International.
Q.

All right.

And there is nobody that you

5

spoke to at the International who said that they

6

would do something for you and didn't?

7
8
9

A.

I never -- no.

I don't even know

anything about the International.
Q.

And do you have any information that the

10

International even knew about what was happening

11

to you in your workplace?

12

A.

13

No.
MS. HUNT:

14

Objection.

15

EXAMINATION BY MS. RICHARD-SPENCER:

16

Q.

Calls for speculation.

Do you know if the International

17

encouraged any of the activity that happened to

18

you?

19

A.

They are doing a lot of encouragement if

20

they going to get you to represent them and

21

defend the Company and all the other defendants.

22

Q.

23

case, sir.

24

A.

25

I don't represent the Company in this

Yeah.

Oh, yeah, you did in that first

answer you put --

Page 327
1

Q.

Absolutely not.

2

A.

-- in.

3

Q.

I do not and have never represented

4

corporations.

5

A.

Yes, you did.

6

Q.

Okay.

7

A.

You answered for all of them.

8

Q.

Have you ever spoken to anyone from the

9
10
11

Fine.

United Steel Workers International Union
regarding any of the allegations in this case?
A.

12

I don't know -MS. HUNT:

13

Objection.

14

Asked and --

THE WITNESS:

15

-- anything.

16

MS. HUNT:

17

-- answered.

18

MS. RICHARD-SPENCER:

19
20
21

Okay.

All right.

EXAMINATION BY MS. RICHARD-SPENCER:
Q.

Yesterday you described a conversation

22

that Mr. Mendel had in the shop before these

23

incidents happened that had something to do with

24

the sign that was in his neighborhood?

25

MS. HUNT:

Page 328
1
2

Objection.

clear about which incidence?

3
4

This was a hostile work environment
that spread over a long period of time.

5

MS. RICHARD-SPENCER:

6

The --

7

MR. MCGOEY:

8

It was

9

12

--

MS. RICHARD-SPENCER:

10
11

Counsel, can you be

Okay.

I will be clear.

EXAMINATION BY MS. RICHARD-SPENCER:
Q.

Yesterday I think you testified that

13

there was a conversation that occurred in the

14

shop area that David Mendel participated in and

15

that that had happened before the incident with

16

the crane and all -- the three -- the three

17

incidents that followed: the crane, the Louque

18

incident and the Saran wrap incident.

19

And I'm just trying to get some

20

clarification about what you remember about that

21

conversation with Mr. Mendel.

22

And I may have misunderstood you, but I

23

thought you said he said something about there

24

being an offensive sign in his neighborhood or

25

in his city.

Page 329
1

Do you remember that from yesterday?

2

I miss -- am I misremembering what you said?

3

A.

You remember exactly what I said.

4

Q.

Can --

5

A.

Am

His exact words was the sign read,

6

"N-word, don't let the sun catch your black ass

7

still in town."

8
9
10

Q.

And he -- and he said that he saw that

in his neighborhood?
A.

It -- the -- he said it was just a few

11

days or a few years ago they have taken that

12

down, wherever community he live in.

13

but in that case, the N-word happened to be

14

Newton.

15

didn't want me on.

But the --

And I was on the nightshift job that he

16

Q.

Now, he didn't say that to you?

17

A.

But that is paraphrasing --

18

Q.

Okay.

19

A.

-- what was being said.

20

Q.

That is how you interpreted what he did

21
22
23
24
25

to you?
A.

Well, he didn't do it.

them standing there.
Q.

Okay.

It was all of

They made it clear.

Tell me what the nature of the

conversation was.

What were they saying that

Page 330
1
2

caused this to come up?
A.

I don't remember the details.

I -- I

3

picked up that little moment there that -- that

4

I -- I was chastised for being on that

5

nightshift turnaround that was desirable by all

6

their friends.

7
8

Q.

And did he -- did he tell you -- do you

know what town it was that he was describing?

9

A.

10

whatever.

11

took that big old -- it was a big old billboard

12

sign.

13

Wherever he lived or grew up at or
He said that just a few years they

It wasn't a sign just in a neighborhood.

14

It was some kind of big sign that everybody --

15

you had to leave before dark if you happened to

16

be a black man.

17

sending to me about that nightshift schedule

18

change.

And that is the message he was

19

Q.

Okay.

20

A.

And that is when it first started, too.

21

Q.

Okay.

So, that is when you understood

22

-- that is the message you got from him -- from

23

him saying that was -- that you weren't welcome

24

during that nightshift?

25

A.

Exactly.

Page 331
1

Q.

Okay.

Now, you mentioned that you had

2

some ability to continue treatment because

3

doctor -- for some of your health conditions

4

because your doctors were able to give you

5

samples of prescriptions.

6

pretty accurate recollection from what you said

7

yesterday?

8

A.

9
10

That is what I -- I survived off when

the Company -- when they dropped all the
insurance, medical coverage and everything --

11

Q.

Okay.

12

A.

-- paid medical.

13
14

Is that -- is that a

And so -You know, I couldn't

even pay for the prescriptions.
Q.

Okay.

So when that happened, did your

15

doctors also give you medication to treat your

16

diabetic condition, sir?

17

A.

Yes.

18

Q.

So, you had -- so, the doctors were just

19

giving you that in order to make sure you

20

survived --

21

A.

Exactly.

22

Q.

-- you had --

23

A.

That is when it turned into my mind

24

attempted murder when they -- they knew I was

25

sick and then cut everything off.

Page 332
1

Q.

And so during that time, your doctors

2

gave you your medication for like your heart

3

condition, hypertension, diabetes, those types

4

of medicines?

5

A.

All of them.

6

Q.

Were you able to continue taking the

7

medication for your -- for your diagnosis of

8

anxiety and --

9

A.

They didn't --

10

Q.

-- major depression?

11

A.

They -- I got -- I happened to get

12

samples for that, too.

13

Q.

So --

14

A.

But it wasn't the same medicine, and it

15

affected me.

16

-- you know, what I was able to buy with the

17

insurance.

18

Q.

19
20
21
22

It was different than what -- you

In your mind, it wasn't as -- it didn't

give you as good a result?
A.

It -- it -- it affected -- it was a

setback.
Q.

Okay.

When did you -- when were you

23

able to resume your regular medication?

24

that when you got on Obamacare?

25

A.

Yes.

Was

Page 333
1

Q.

Okay.

2

A.

It was sporadic, though.

3

pay and sometimes they wouldn't.

4

pinpoint my income.

5

they wanted income verification.

6

Sometimes they

even verify the zero.

7

I couldn't

My income was zero.

You are making something.

And

I couldn't

You got money

8

from somewhere.

9

living off the proceeds from -- not the

10
11
12

Where -- you know, but I was

proceeds, but the withdrawal from the 401(k).
Q.

And then in 2015, I know that you

settled your workers' compensation case?

13

A.

Right.

14

Q.

So, did you live off of that money, as

15

well --

16

A.

Yes.

17

Q.

-- sir?

18

A.

I got relief then.

19

Q.

And then in 2016, you received some

20

backpay from Social Security?

21

A.

Yes.

22

Q.

So, you were able -- then things were a

23
24
25

little easier; is that correct?
A.

It was a little easier, but it still

wouldn't pay for everything because I needed --

Page 334
1

they gave me Part A and B.

2

You need C and D to

get the medicine.

3

Q.

Okay.

4

A.

Drug and -- and co-pay and all that

5

stuff.

6

500 and something dollars a month.

So, I needed a supplement.

And that is

7

Q.

So, you were buying that yourself --

8

A.

Right.

9

Q.

-- then?

10
11

Okay.

And then now you are receiving Social
Security Disability?

12

A.

Yes.

13

Q.

Okay.

All right.

You had mentioned --

14

or I am sorry.

15

with a list of doctors who you -- who have

16

treated you.

17

talked about, and I'm not going to ask you.

18

Your attorney has provided us

Some of which you have already

You may not recall what these doctors

19

treated you for, but I would like to go through

20

the list.

21

doctor, I would like you to tell me what they

22

treated you for.

23
24
25

And if you know or remember the

Lance Bullock.

Do you know a Lance

Bullock?
A.

Yeah, he -- that is Behavior -- St.

Page 335
1

James Behavior Health.

2

care facility there for about three months.

3
4

Q.

I was in an outpatient

So, he was the doctor that treated you

when you were in that program?

5

A.

Outpatient, yes.

6

Q.

All right.

7

A.

I don't know.

8

Q.

I -- maybe at Optimal Health Clinic.

9

A.

I don't remember them.

10

Q.

That is fair.

11

What about Francis Adeboye?
Where are they located?

Richard Fredrick.

12

yesterday.

13

Fredrick?

14

A.

He was mentioned

Do you remember seeing a Dr.

I saw Social Security's doctors.

15

of different people's doctors.

16

A lot

one-time visits.

17

Q.

They were only

So, it is possible that that was one of

18

the doctors who evaluated you in either the comp

19

case or the Social Security case?

20
21

A.

Right.

And Shell sent me to a doctor,

too -- to some doctors, too.

22

Q.

23

Zimmermann?

24

A.

25

What about a man named Dr. Marc

That was a psychiatrist that did some

testing in Baton Rouge.

I -- I remember him.

Page 336
1
2
3
4

Q.

Was he a doctor you consulted or was he

part of some of the other litigation?
A.

It was some of the other litigation

pertaining to workmen's comp.

5

Q.

Linda LeBourgeois?

6

A.

She is a neurosurgeon in Baton Rouge

7

when I was suffering with bad headaches.

8

Q.

Dr. Nowakowski?

9

A.

That is the sleep apnea doctor.

10

Q.

Okay.

11

A.

I don't know him.

12

Q.

Okay.

13

A.

I don't know.

14

Q.

Okay.

15

Dr. Rogers.

John Rogers?

And Larry Warner?

All right.

All right.

Thank you.

Yesterday when the Company

16

asked you about your responses to discovery that

17

you provided in this case, you indicated that

18

your recollection of how you did that was that

19

you gave verbal responses to your Counsel, and

20

then you never reviewed the written document

21

after you gave those verbal responses.

22

Is that a good description of what you

23

did, sir?

24

A.

As far as I remember, yes.

25

Q.

Is the same thing true with the document

Page 337
1

-- the discovery that was sent to you from the

2

Union?

3

you give verbal answers to your lawyer, and then

4

not review the final documents?

5
6
7
8
9
10

A.

Did you follow that same process?

Did

I didn't even know that there was two

separate ones.
Q.

Okay.

Do ever remember reviewing any

responses to interrogatories on paper?
A.

Uh-uh.

That -- that word is not even

clear in my mind --

11

Q.

All right.

12

A.

-- the meaning of it.

13

Q.

And I will show you that document

14

because I'm not -- I don't want you to have to

15

guess.

16
17
18

Let me find it.
MS. RICHARD-SPENCER:
What number are we on?
MR. McGOEY:

19

13 is next.

20

MS. RICHARD-SPENCER:

21

So I'm going to show you what I will

22

mark as number -- or Kay, can you mark it for me

23

as 13 and hand it to him?

24
25

THE WITNESS:
(Reviewing document.)

Page 338
1

EXAMINATION BY MS. RICHARD-SPENCER:

2

Q.

Sir, my question is -- take your time

3

and review it.

4

ever seen this document before today?

5

A.

And my question is:

(Reviewing document.)

Have you

If I took my time

6

and -- and reviewed this.

And to -- with

7

understanding with a purpose of being clear

8

about it, I would have to have it for a week.

9

It is too much legal -- legal language in here

10

that ain't -- there is no way I could

11

understand.

12

Q.

So, let me ask:

13

this before?

14

not sure."

15

Do you remember seeing

fair answer.

16

A.

17

Are you -- and an answer is "I am

So if you are not sure, that is a

Fair answer.
MS. RICHARD-SPENCER:

18

Hello?

Okay.

Sorry I just wanted

19

to make sure no one from my office was wandering

20

in.

21

MR. PRICE:

22
23

Pardon me for being late, ladies and
gentlemen.

24

MS. RICHARD-SPENCER:

25

That is okay.

Page 339
1

EXAMINATION BY MS. RICHARD-SPENCER:

2
3

Q.

Are you unsure if you have seen this

before?

4

A.

I am unsure.

5

Q.

That is a fair answer.

6

Thank you, sir.

When is the first time that you saw the

7

Company's investigation report related to all of

8

the incidents that you have raised in this case?

9
10

A.

It was a -- a short while after and

before I filed this federal lawsuit.

11

Q.

Okay.

12

A.

Short while before.

Probably --

13

probably a month before I filed this -- I filed

14

it.

15

MS. RICHARD-SPENCER:

16

Give me a moment.

17

through my notes.

18

I'm just going

I may be close to being

finished.

19

(Reviewing notes.)

20

I think I'm done.

21

minute.

22

make sure?

23

If I could have a

Can we take a quick break and let me
Is that acceptable?

THE VIDEOGRAPHER:

24

This is the end of Tape 1.

25

We are now off the Record at 9:57.

Page 340
1

(Off the Record.)

2

THE VIDEOGRAPHER:

3

This is beginning of Tape 2.

4

We are now back on the Record.

5

time is 10:14.

6

MS. RICHARD-SPENCER:

7

I don't have any further questions.

8

MR. McGOEY:

9

Can I go ahead and go now?

10

MS. HUNT:

11
12
13

The

Uh-huh.
EXAMINATION BY MR. McGOEY:
Q.

Mr. McNealy, I have just a few more.

14

So you mentioned this morning something

15

about Bill LeBoeuf and the Saran wrap incident.

16

And you said something about Bill LeBoeuf and

17

3:30 a.m.?

18

A.

Exactly.

19

Q.

Do you recall that --

20

A.

Yeah.

21

Q.

-- testimony?

22

A.

Yes.

23

Q.

Where -- where did you get information

24

about that?

25

A.

On that investigative report.

Page 341
1

Q.

Okay.

2

A.

Motiva's, Shell's internal investigation

3
4

Which investigative --

report.
Q.

Okay.

I am going to show you the

5

investigation report.

6

changing my mind.

7
8

No, you know what?

I am

We don't need to do that.

That is where you -- that is where you
think you saw that information?

9

A.

Yes.

10

Q.

Okay.

At the end of the shift when the

11

Saran wrap incident happened, did you drive

12

yourself home that day?

13

A.

Yes, I did.

14

Q.

I am going to show you a document which

15

I'm marking as Exhibit 14.

16

2011 discipline notice regarding you being AWOL.

17

It is an April 12th,

Take a look at it for a minute and then

18

we can talk about it.

You let me know when you

19

are ready.

20

A.

(Reviewing document.)

21

Q.

So, it is my understanding that you

Okay.

22

received this letter after you missed days of

23

work because of being arrested over the cattle

24

theft allegation; is that accurate?

25

A.

That -- that appears to be accurate to

Page 342
1

me.

2

Q.

Okay.

3

A.

April the 12th.

4

Q.

So, we were talking yesterday about the

5

-- about the year when the cattle theft arrest

6

happened.

7

thought it might have been 2010.

8
9

And I think you testified that you

And I asked you if it really hadn't been
2011.

And you may not have been sure, but now

10

that you see this document, does that refresh

11

your recollection on when the cattle theft

12

arrest occurred?

13

A.

If -- if the date is accurate on there.

14

Q.

Well, let me -- let me try to help.

15

me show you a document I'm going to mark as

16

Exhibit 15.

17

Let

news article.

18

It is a printout of a very brief

It is titled Louisiana Man Arrested For

19

Stealing Cattle.

20

would, and please let me know when you finish

21

reading it.

22

A.

23

Take a look at that, if you

(Reviewing document.)

the -- those dates coincide.

24

Q.

Okay.

25

A.

'11.

Yes.

That has

Page 343
1
2
3
4

Q.

So, are you comfortable now that the

cattle theft arrest was in 2011?
A.

I am pretty -- pretty comfortable with

that.

5

MS. HUNT:

6

And objection.

7

speculation.

8

-- long after.

9

written right away.

10

It calls for

MR. McGOEY:

11

This could have been written after
The articles are not always

Counsel, you -- that is an argument.

12

MS. HUNT:

13

Okay.

14

MR. McGOEY:

15

I mean, the witness has to do the

16

testifying.

17

EXAMINATION BY MR. McGOEY:

18

Q.

19

So, let me ask you again, Mr. McNealy.
I mean, now that you have seen the AWOL

20

letter, which is Exhibit 14, and you have seen

21

this article, which is Exhibit 15, do you

22

believe that you were arrested for cattle theft

23

in 2011?

24
25

A.

You know, I -- in 2011 was when the blow

on the head and my perception of time has been

Page 344
1

distorted since then.

This is so vague to me.

2

A date could have been switched or dates could

3

have been switched.

4

it appears to be --

I wouldn't swear to it, but

5

Q.

Okay.

6

A.

-- accurate.

7

Q.

All right.

8

A.

But it could not be because I -- I

9

almost know it was in 2010.

10

Q.

Okay.

Let me --

11

A.

And it was two years, 24-months in the

12

file for that -- in that program.

13

I remember

that.

14

Q.

What program?

15

A.

This absent with leave -- without leave.

16
17
18
19
20
21
22

The AW -- you know, this is -Q.

Okay.

All right.

You are talking about

a discipline program related to being AWOL?
A.

This is a -- this is the official notice

for the discipline program.
Q.

And when you say "this," you are

referring to Exhibit 14?

23

A.

Right.

24

Q.

Okay.

25

I am going to show you one more

document, Exhibit 16.

It is headed Crime

Page 345
1

Reports:

2

Natchez Democrat (dot) com website.

3

May 23rd, 2011.

It is from the

I'm going to direct your attention to

4

the third page down at the bottom.

You will see

5

a heading Adams County Justice Court Cases, Week

6

of May 13, dash, 19.

Do you see that?

7

A.

The second page.

No, it is the third.

8

Q.

Do you see that heading?

9

A.

Yes.

10

Q.

Do you see where it says Newton T.

11

McNealy charged with cattle theft, period, case

12

bound over to a grand jury, period?

13

A.

Yes.

14

Q.

Okay.

15
16

So, was your cattle theft case

bound over to a grand jury?
A.

As far as I know, I just walked in there

17

and it -- it will -- it wasn't no case.

18

listen, the arrest and the cattle theft, I had

19

sold those cows in 2010.

20

And,

How could I steal cows and it would be

21

10 months before somebody realize it after they

22

are missing and then charge -- with an arrest

23

charge?

24
25

That -- that ain't no cattle arrest.
And cattle arrest ain't got a -- a damn

thing to do with them sticking something up my

Page 346
1

butt trying to take my manhood.

2

nothing to do with it.

3

This ain't got

Way prior to that.

It is about like that frivolous stuff

4

she talked about with Emerson yesterday that has

5

got me all upset.

6

with being molested at work.

7

cows I sold.

That ain't got nothing to do
Those were my own

8

Q.

All I wanted to do --

9

A.

Why are you bringing that up in this

10
11
12
13

meeting?
Q.

Because I am trying to clarify the

timeline, Mr. McNealy.
A.

You got a -- you -- the timeline is

14

already there in November of 2011.

This -- this

15

is May.

16

You all are so guilty, it is a damn shame.

17

You can't change the fact.

You going way back reaching for straw.

They stuck

18

me in the ass and tried to take my manhood with

19

all witnesses right there.

20

about sick of it.

21

and it is coming back daily because of this --

22

you all trying to defend some guilty people.

23

Please, man.

24
25

Q.

And I am -- I'm

This a reoccurring nightmare,

Go on and get it over with.

One last question.

I am going to show

you what I'm marking as Exhibit 17.

Page 347
1

A.

It better be pertaining to what we

2

talking about here today.

3

MS. HUNT:

4
5
6

McNealy, you need

--

EXAMINATION BY MR. McGOEY:
Q.

It -- it is your fourth amended

7

complaint in this lawsuit, Mr. McNealy.

8

only --

9
10

A.

And my

Good thing it is up to the -- up to the

date.

11

Q.

My only question is -- this was filed

12

11-10-2016.

13

question is:

14

filed?

15

A.

This was filed last week.

My only

Did you read it before it was

Listen, just like I'm refusing -- I

16

can't deal with this from yesterday to today.

17

don't read that paperwork.

18

responsibility to that attorney.

19

I give that

Something that I didn't have throughout

20

my whole life, somebody to defend me.

21

God for her because he sent her to try to

22

protect me from this stuff.

23

I

I thank

This stuff will upset me for weeks on

24

end if I read everything that is -- that is

25

Emailed to me.

Page 348
1
2
3

Q.

All right.

So, is it fair to say

that -A.

You -- it is fair to say whatever you

4

want to say because that is what you all are

5

doing.

6

was molested at work, too.

7

Q.

It is fair -- it is fair to say that I

And you are -- when you say that, you

8

are referring to the incident with Matt Louque

9

and the radio antenna?

10

A.

I was raped at work.

11

Q.

Is -- is that the Matt Louque incident

12
13

that you are talking about?
A.

Exactly.

And you want to talk about did

14

it tear your underwear and all that kind of

15

stuff.

16

anything.

17

He could have had on rubber gloves or

It was a plastic feeling object.

18

felt like his finger.

19

ain't no gay person.

20

ain't going to convert me and -- and recruit me

21

to be that.

22
23
24
25

And I am no punk.

It

I ain't no sissy.

I
And you

MR. McGOEY:
I don't have any further questions,
Mr. McNealy.
THE WITNESS:

Page 349
1

I'm sick of this.

2

MS. HUNT:

3

McNealy, please.

4

THE WITNESS:

5

Oh, Lord.

6

MS. HUNT:

7

May I, Counsel?

8

MR. McGOEY:

9

Sure.

10

MS. RICHARD-SPENCER:

11
12

Do you need a break before you
begin?

13

MS. HUNT:

14
15
16

Boy, I --

I just need to get it over with.
EXAMINATION BY MS. HUNT:
Q.

Mr. McNealy, prior to the incidents that

17

happened in November, were you experiencing a

18

hostile work environment and other

19

discrimination?

20
21
22
23
24
25

MR. McGOEY:
Object to the form of the question.
MS. RICHARD-SPENCER:
Same objection.
THE WITNESS:
It -- it was always continuous.

Page 350
1

That is why they knew they could get away with

2

this.

3

EXAMINATION BY MS. HUNT:

4

Q.

And you said it mainly -- yesterday you

5

testified that mainly it started after the

6

cattle incident?

7

A.

That is when it got real aggressive.

8

Because they knew I was behind the eight-ball by

9

being in that absentee program.

10
11

They knew I

couldn't miss any more work.
Q.

When you returned to work after, and

12

tried to return to work I think it was in 2012

13

in February and you were summoned to the

14

meeting, what did you think you were going to

15

the meeting to discuss?

16

A.

I said that today.

I was -- I thought I

17

was going there because the doctor -- my doctor

18

requested a transfer out of the hostile work

19

environment.

20

Dr. Ravengi Reddy trans -- asked for

21

that transfer in a medical cert form because he

22

knew what happened to me.

23

I was going there to receive a transfer to a

24

different site, shop location, anywhere but

25

right there to face the guys that did that.

And I was -- thought

Page 351
1

Q.

Okay.

2

the truck?

3

A.

Did any Union member see you in

Like I stated before, Marty Poche and

4

Steve Hernandez walked up on the truck and

5

ignored it, went the other way and made a phone

6

call to try to alert me.

7

Q.

After you told Mr. Thomatis about the

8

things that were going on on the job and he

9

confronted the perpetrators, you testified that

10

things got worse.

11
12
13

How did that make you feel about talking
to the Union representatives?
A.

That was -- that was a -- that was an

14

object lesson that I learned from trying to get

15

help with any issues there through the Union.

16

It got worse.

That is -- those three

17

major incidents happened after I spoke to Armond

18

Thomatis.

19

Q.

So, it is safe to say you were afraid?

20

A.

Absolutely.

They escalated it.

Because there is many ways

21

to die on that refinery.

22

factory.

23

Q.

Okay.

It is not an ice cream

I want to bring your attention to

24

Exhibit 2 that we -- you looked at yesterday.

25

You can have a minute to review it.

Page 352
1

A.

(Reviewing document.)

2

Q.

And I'm going to bring your attention to

3

this line here (indicating).

4
5

What is important about this line?

stands out to you about this line (indicating)?

6

MR. McGOEY:

7
8

Counsel, can you identify for the
Record what line you are talking about?

9

MS. HUNT:

10
11

What

Under "explain the reason for the
separation."

12

MS. RICHARD-SPENCER:

13

Okay.

14

MR. McGOEY:

15

Okay.

16

THE WITNESS:

17
18

That -- that line states that I was
on nonoccupational disability.

19

MS. HUNT:

20

Okay.

21
22

EXAMINATION BY MS. HUNT:
Q.

And you testified yesterday that you --

23

according to the letter that they showed you in

24

Exhibit 1, that there was a two-year period if

25

you were absent from work, and according to the

Page 353
1

letter, that the policy would be that you would

2

be terminated.

3

Would that still be the same policy if

4

you were placed on an occupational disability

5

being injured on the job?

6

able to be fired within two years?

7

MR. McGOEY:

8
9

Object to the form of the question.
MS. RICHARD-SPENCER:

10
11

Would you still be

Same objection.
THE WITNESS:

12

They had to classify everything as

13

nonoccupational because one day on an

14

occupational absence, they took -- they

15

explained it to me.

16

And they explained it to me in a way

17

-- and these were just people on the floor.

18

a guy had a broke arm and he -- and he broke it

19

at work, he could not miss that next day work.

20

Get the arm set, come in with the cast on, clock

21

in and maybe clock back out.

22

accident.

23

If

No lost time

But there is no way he could work

24

with his arm broke.

And that is why they made

25

sure there was no lost time occupational

Page 354
1

absences.

It looks good for the contract with

2

the government and all of -- they -- that is how

3

it was explained to me by somebody down -- up

4

and down the line before all this stuff even

5

happened.

6

If something happen to you out here

7

and you get hurt at this job, we can't -- we

8

can't declare that an occupational absence.

9

needs to be nonoccupational.

10

It

And we will do anything -- if we got

11

to bring you in here on a stretcher after you

12

done have a stroke out here the next day just to

13

clock in and clock back out.

14

work.

15

You didn't miss no

And that is what they -- that is

16

what this whole thing is about.

17

never -- and the disability that I got from

18

MetLife stated that our -- our -- it was granted

19

to me on worsening sleep apnea.

20

facts of this case were mentioned.

21

sleep apnea is the reason why they paid me.

22

It -- they

And none of the
Worsening

And the Union let all of that slide.

23

It never brought up -- it never -- that is the

24

reason for the absence for the -- for the

25

disability.

Page 355
1

MS. HUNT:

2

Okay.

3

EXAMINATION BY MS. HUNT:

4

Q.

And were your benefits the same whether

5

you were placed on nonoccupational or

6

occupational, to the best of your knowledge?

7

A.

Yes.

They should -- as far as I know

8

and trying to understand your question, I think

9

so.

But even at -- with a -- with a

10

nonoccupational, it -- they shouldn't have been

11

able to drop the ball the way they did.

12

Q.

Okay.

13

A.

But all of this was -- all of this stuff

14

happened because of the events that happened in

15

November and nothing else.

16

Q.

Okay.

All right.

But -Yesterday you

17

testified that the other workers would play

18

around with each other, too.

19

Were the type of -- was the type of play

20

that they played with each other the same type

21

of play that they played with you?

22

A.

It wasn't the same.

It is -- it is --

23

this play that happened in November to me was

24

life-threatening.

25

suffocated in that truck or anything.

I could have -- I could have

Page 356
1
2

Q.

Did they treat each other how they

treated you?

3

A.

No.

4

Q.

Okay.

And it was your testimony that

5

they singled you out because -- and played with

6

you in that way as they classified as playing

7

because you were black?

8

MS. RICHARD-SPENCER:

9

Objection.

10

Form.

MR. McGOEY:

11

Same objection.

12

THE WITNESS:

13

I was a black man in the wrong

14

place.

15

EXAMINATION BY MS. HUNT:

16

Q.

Okay.

17

A.

I should have been -- I shouldn't have

18

been on that nightshift schedule change.

19

Q.

All right.

20

A.

That is their cookie.

21

play toy.

22

Q.

That is their

You are not welcome.

Okay.

And yesterday you talked about

23

the recording with the EEOC.

24

recording prior to her entering the room?

25

A.

No.

Did you start that

Page 357
1

Q.

When did you start recording?

2

A.

I -- I went there -- I didn't go there

3

to record her.

4

documents, proof that I went to EEOC on several

5

occasions.

6

I went there to get the

And she came out of the back with those

7

documents -- documents in her hand.

8

it is like taunting me.

9

it.

10

And she --

Just, she have to do

Yeah, you came here.

Yeah.

But the

11

statutes -- you know, you got 300 days.

We

12

destroy all the records.

13

the records right in front of her in her hand.

14

And when I saw that I -- I pushed -- I

And she was showing me

15

-- I pushed the record button on my phone right

16

in front of her.

17

Q.

So, you said that you didn't tell her

18

yesterday that you were recording, but did she

19

know you were recording?

20
21
22
23
24
25

A.

If she -MR. McGOEY:
Objection.

Calls for speculation.

MS. RICHARD-SPENCER:
Same objection.
THE WITNESS:

Page 358
1

She could have known because I

2

didn't try to hide any of my movements.

3

EXAMINATION BY MS. HUNT:

4

Q.

Okay.

5

A.

And when -- because like she didn't try

6

to hide any of hers or the paperwork that I went

7

there to try to get.

8
9

Q.

And -- and did you see any signs up that

said that you could not record?

10

A.

No.

11

Q.

All right.

12

the question about:

13

Let's -- let's go back to

help?

14

A.

15

Thomatis.

16

-- I begged for help with Armond Thomatis and

17

saw what happened.

18

Yes.

Did you ask the Union for

I asked them for help with Armond

That was a continuous event where I

It made me wonder how much -- how much

19

would that -- help would they give me.

20

going to only get worse.

21

Q.

Okay.

It was

Could only get worse.

And yesterday you were hesitant

22

to name some of the people that you talked to

23

about your case.

24
25

A.

Why is that?

I fear for them.

being involved in this.

I fear for -- of them

Page 359
1

Q.

Why?

2

A.

Because it is a hateful situation.

3

just like they hate me or -- they will hate

4

anybody that is associated with me.

5

And

members, friends or whoever.

6

Q.

Family

Yesterday you saw a document requesting

7

an appeal with the name Ann E. Dow on the top of

8

the document?

9

A.

Yes.

10

Q.

Did you consult with her about this

11

Ann -- Anna Dow.

case?

12

A.

Yes, I did.

13

Q.

And did she take your case?

14

A.

No.

15

Q.

Yesterday you said that there was no

16

penetration.

17

it felt when -- exactly what happened while you

18

were bent over in regards to when you felt the

19

antenna or finger and when you jumped up and

20

told them to stop playing?

21

antenna on your anus?

22
23
24
25

Can you explain to me exactly how

Did you feel the

MS. RICHARD-SPENCER:
Objection.

Form.

MR. McGOEY:
Same objection.

Page 360
1

THE WITNESS:

2

They were trying to recruit me.

3

Make a punk out of me.

4

EXAMINATION BY MS. HUNT:

5

Q.

Did you feel --

6

A.

With witnesses.

7

Yes, it pushed forward

on my rectum.

8

Q.

Okay.

9

A.

And it hit my balls before it got there.

10

Q.

All right.

11

Okay.

How did you find out

about the --

12

A.

It -- go ahead.

13

Q.

How did you find out about the

14

turnaround?

15

A.

They posted it.

16

Q.

On what?

17

A.

On the bulletin board.

18

Q.

In where?

19

A.

In the central shop.

20

Q.

The central stop of what?

21

employer?

22

A.

Of what?

23

Q.

Okay.

24

documents?

25

A.

Yes.

Or, what

Of -- of Shell's.

Mr. McNealy, do I Email you

Page 361
1

Q.

How often do you check your Email?

2

A.

Not as often as I should.

3

Q.

And when you read the documents, if you

4

read them, could you please reiterate what it

5

does to you?

6

MR. McGOEY:

7

Object to the form of the question.

8

THE WITNESS:

9

It is a deposition like this all

10

over again every time I read one and try to read

11

-- and it takes me a long period of time to try

12

to understand it and comprehend it.

13

EXAMINATION BY MS. HUNT:

14
15

Q.

it make you relive the incident?

16

MS. RICHARD-SPENCER:

17

Objection.

18

21
22
23
24
25

Form.

THE WITNESS:

19
20

And after you read the documents, does

Every bit of it.

That is why

this -MS. HUNT:
Did you have -THE WITNESS:
-- nightmare needs to stop today.
MS. HUNT:

Page 362
1
2
3
4

Okay.

It is almost done.

EXAMINATION BY MS. HUNT:
Q.

Did you have any problem with absences

in regards to missing work?

5

A.

No.

6

Q.

When you were placed in the absentee

7

program, was it because of it was a

8

no-call/no-show?

9

A.

Yes.

10

Q.

I will bring your attention to the

11

deposition that you had in the workers'

12

compensation in regards to you going to the EEOC

13

on Page 143.

14

I think it was exhibit --

MR. McGOEY:

15

It is Exhibit 3.

16

MS. HUNT:

17

-- 3.

18
19
20

EXAMINATION BY MS. HUNT:
Q.

And Line 5 where it says, "Have you

filed any EEOC claims" -- wait.

21

I'm sorry.

"Have you filed an EEOC claim in

22

connection with your employment at Motiva?"

23

you say, "No."

24

that they were asking you?

25

A.

And

What -- what did you understand

They wanted -- I -- I was under the

Page 363
1

impression that they wanted to know had I

2

received the right-to-sue letter, and which at

3

that time, I didn't.

4

And I don't -- I don't know what the

5

close time, but I had -- you know, I definitely

6

had been to EEOC I think prior to that.

7

Q.

I will bring your attention to Exhibit

8

12.

The first paragraph, the last sentence,

9

"This document is regarding your termination."

10

What does it say that you were being terminated

11

for?

12

MR. McGOEY:

13

Object to the form.

14

MS. RICHARD-SPENCER:

15

Same objection.

16

MR. McGOEY:

17

This is not a termination letter.

18

MS. HUNT:

19

Okay.

20

4th, 2012.

21

MR. McGOEY:

22
23
24
25

The letter dated September

Correct.
EXAMINATION BY MS. HUNT:
Q.

What does it say?

Could you -- this

sentence right here (indicating)?

Page 364
1
2
3

A.

Yeah, this -- "This absence is

considered an absence without leave AWOL."
Q.

So would this -- this would be the

4

program that you were in.

5

first date that you were absent since --

6

A.

So this would be the

It may have been regarding --

7

referencing the program that I was.

8

been in the -- in the -- I know they -- it was

9

-- it was harassment.

10

It may have

And this letter came to the house on

11

certified mail, trying to force me to come back

12

to work even though I was under doctor's care.

13
14

Q.

But it says that it was absent without

leave, right?

15

A.

Right.

16

Q.

Which is on the program that you

17
18

couldn't miss any days without leave?
A.

Right.

But I was -- you know, I was

19

under doctor's care at that time for sure.

20

I had medical -- that was harassment.

21
22
23

Q.

And

And you testified that they placed you

on a nonoccupational disability leave?
A.

Because of worsening sleep apnea.

Sleep

24

apnea didn't come up in any of the complaints

25

that I made to anybody.

Page 365
1

That was MetLife who was working with

2

cahoosion with Shell to figure out a way to pay

3

me without showing guilt to -- to the events of

4

November 2011.

5

Q.

Were any of the guys that were working

6

with you on this turnaround ever wrapped in a

7

truck that you saw?

8

A.

I never see anybody ever.

9

Q.

Did you ever see any of them be hit in

10

the head with a crane control box?

11

A.

Never.

12

Q.

Were any of them stuck in the anus with

13

There --

a pen -- with a radio antenna?

14

A.

Never.

15

Q.

All right.

16

A.

Never.

17

Q.

I am going to draw your attention to

Never the play went that.

18

exhibit -- the exhibit concerning a workers'

19

compensation order.

20

MR. McGOEY:

21
22
23
24
25

And the handwritten --

It is Exhibit 9.
EXAMINATION BY MS. HUNT:
Q.

Exhibit 9, the handwritten note on the

letter.
A.

Uh-huh.

Page 366
1

Q.

What are the initials under -- what is

2

-- what initials are signed underneath the

3

handwriting?

4

A.

Elizabeth Lanier.

5

Q.

Okay.

6

A.

EL.

7

Q.

Okay.

8
9

A.

Yes.
MR. McGOEY:

11

13

And is that the same judge who

ordered this?

10

12

So what are the other initials?

Object to the form of the question.
EXAMINATION BY MS. HUNT:
Q.

I'm going to bring your attention to

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Exhibit 6, the handwritten note.

It says --

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where it says, "This is a Letter of Intent to

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Appeal," there is a scratch-off before intent?

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A.

Uh-huh.

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Q.

And then you have, "per conversation

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with Vicky Grenier."

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exactly tell you, you needed to do in order to

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appeal?

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A.

What did Vicky Grenier

Send a notice -- a Notice of Appeal in

writing just stating that I intend to appeal.
Q.

Okay.

Yesterday and today you have

testified that you were afraid to get fired if

Page 367
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they found out about what was going on with you

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or if you pushed the issue.

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In your Emerson case, when you

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complained, were you fired?

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MR. McGOEY:

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Object to the form.

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MS. RICHARD-SPENCER:

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Same objection.

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THE WITNESS:

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Yes.

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I was fired twice.

EXAMINATION BY MS. HUNT:

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Q.

Okay.

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A.

They got me back, and then they fired me

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again because everybody in the shop stood up for

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me.

Everybody in that location stood up for me.

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MS. HUNT:

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Okay.

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MR. McGOEY:

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I don't have anymore.

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THE VIDEOGRAPHER:

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No further questions.

Today's deposition consists of two
tapes.

This is the end of Tape 2.

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We are now off the Record at 10:46.

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*

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*

*

*

*

Page 368
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WITNESS' ATTESTATION
I have read or have had the foregoing

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testimony read to me, pursuant to Rule 30(e) of

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the Federal Rules of Civil Procedure and/or

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Article 1445 of the Louisiana Code Civil

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Procedure, and hereby attest that, to the best

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of my ability and understanding, it is a true

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and correct transcription of my testimony, with

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the exception of any attached corrections or

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changes, complete with reasons for changes, on

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the Witness' Amendment Pages;

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I have in no way altered the printed

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transcript pages containing testimony herein,

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tampered with the seal on the last numbered page

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herein, or tampered with the security strip on

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the binder hereof.

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certified transcript has been maintained in the

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identical form as it was received by me, with

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the exception of any changes on the Witness'

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Amendment Pages.

The integrity of this

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------------Date

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_____________________________
NEWTON T. McNEALY, JR.
(Signature)

Page 369
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2

REPORTER'S PAGE
I, KAY E. DONNELLY, Certified Court

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Reporter in and for the State of Louisiana, the

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officer, as defined in Rule 28 of the Federal

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Rules of Civil Procedure and/or Article 1434(B)

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of the Louisiana Code of Civil Procedure, before

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whom this proceeding was taken, do hereby state

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on the Record:

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That due to the interaction in the

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spontaneous discourse of this proceeding, dashes

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(--) have been used to indicate pauses, changes

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in thought, and/or talkovers; that same is the

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proper method for a Court Reporter's

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transcription of proceeding, and that the dashes

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(--) do not indicate that words or phrases have

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been left out of this transcript;

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That any words and/or names which could

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not be verified through reference material have

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been denoted with the phrased "(spelled

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phonetically)."

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_____________________________
KAY E. DONNELLY
Certified Court Reporter
State of Louisiana
Certificate No. 87008

Page 370
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C E R T I F I C A T E

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This certification is valid only for a
transcript accompanied by my original signature
and original required seal on this page.
I, KAY E. DONNELLY, Certified Court
Reporter in and for the State of Louisiana, as
the officer before whom this testimony was
taken, do hereby certify that NEWTON T. McNEALY,
JR., to whom oath was administered, after having
been duly sworn by me upon authority of R.S.
37:2554, did testify as hereinbefore set forth
in the foregoing ninety-four (94) pages; that
this testimony was reported by me in the
stenotype reporting method, was prepared and
transcribed by me or under my personal direction
and supervision, and is a true and correct
transcript to the best of my ability and
understanding; that the transcript has been
prepared in compliance with transcript format
guidelines required by statute or by rules of
the board; and that I am informed about the
complete arrangement, financial or otherwise,
with the person or entity making arrangements
for deposition services; that I have acted in
compliance with the prohibition on contractual
relationships, as defined by Louisiana Code of
Civil Procedure Article 1434 and in rules and
advisory opinions of the board; that I have no
actual acknowledge of any prohibited employment
or contractual relationship, direct or indirect,
between a court reporting firm and any party
litigant in this matter nor is there any such
relationship between myself and a party litigant
in this matter. I am not related to counsel or
to the parties herein, nor am I otherwise
interested in the outcome of this matter.

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_____________________________
KAY E. DONNELLY
Certified Court Reporter
State of Louisiana
Certificate No. 87008
December 2, 2016